House of Lords Journal Volume 64: 3 April 1832

Die Martis, 3° Aprilis 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Campbell & Hay v. Graham.

The Answer of Erskine Douglas Sandford Esquire, to the Petition and Appeal of John Graham Campbell Esquire, and Dame Margaret Hay Widow, late Margaret Campbell Spinster, was this Day brought in.

Bills passed by Commission.

The Lord Chancellor acquainted the House, "That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament."

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, The Lord Chancellor in the Middle, with The Lord President on his Right Hand, and The Duke of Richmond on his Left; commanded the Yeoman Usher of the Black Rod to signify to the Commons, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Chancellor said,

"My Lords, and Gentlemen of the House of Commons,

"His Majesty, not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons assembled for that Purpose: Which Commission you will now hear read."

Then the said Commission was read by the Clerk as follows; (vizt.)

"William R.

"William the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith; To Our right trusty and right well-beloved the Lords Spiritual and Temporal, and to Our trusty and well-beloved the Knights, Citizens and Burgesses, and the Commissioners for Shires and Burghs of the House of Commons, in this present Parliament assembled, Greeting: Whereas in Our said Parliament divers and sundry Acts have been agreed and accorded on by you Our loving Subjects, the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say,) "An Act for granting to His Majesty, until the Tenth Day of October One thousand eight hundred and thirty-two, certain Duties on Sugar imported into the United Kingdom, for the Service of the Year One thousand eight hundred and thirty-two:" "An Act to amend several Acts relating to London Bridge and the Approaches thereto:" "An Act for making and maintaining a Reservoir upon Bradshaw Brook, in the Townships of Turton and Entwisle, in the Parish of Bolton-le-Moors, in the County of Lancaster, for providing a more regular Supply of Water in Bradshaw Brook aforesaid, and in certain Rivers connected therewith:" "An Act for better supplying with Water the Borough of Preston, and Part of the Township of Fishwick adjoining thereto, in the Parish of Preston, in the County Palatine of Lancaster:" "An Act to alter, amend, enlarge and extend the Powers of several Acts passed in the Ninth and Tenth Years of the Reign of His late Majesty King George the Fourth, for making and maintaining the Clarence Railway:" "An Act to equalize the Ecclesiastical Burthens of the Parish of Saint Mary, Islington, in the County of Middlesex; for partially altering the Application of the Rents and Profits of the Stone Fields Estate within the said Parish; for letting the Pews in the Parish Church of Saint Mary, Islington, and the Chapel of Ease thereto; and for other Purposes connected therewith:" "An Act for more effectually repairing the Road from the Sessions House in the Town of Buckingham to Hanwell, in the County of Oxford:" "An Act for more effectually repairing and improving the Roads leading from Barton Bridge into the Manchester and Altrincham Turnpike Road, in the County of Lancaster:" "An Act for more effectually repairing and improving the Road from the Town of Cockermouth to the Town of Workington, and a Branch of Road over Broughton High Bridge unto and as far as the Public Highway leading from the Village of Papcastle towards and unto the Village of Great Broughton, in the County of Cumberland:" "An Act for more effectually repairing and improving the Road from Odiham, in the County of Southampton, to Farnham, in the County of Surrey:" "An Act for more effectually repairing the Road leading from Berwick upon Tweed, by Ayton Bridge and Ayton, to Dunglas Bridge, and the Roads from Billie Causeway and Preston Bridge to join the said Road at or near Houndwood House and Bankhouse respectively, in the County of Berwick:" "An Act for more effectually repairing and improving the Road leading from the Alfreton Turnpike Road near Mansfield, through Tibshelf and Morton, to the Nottingham Turnpike Road near Tansley, and other Roads connected therewith, in the Counties of Nottingham and Derby:" "An Act for repairing the Road from Birmingham (through Elmdon) to Stonebridge, in the County of Warwick:" "An Act for inclosing Lands in the Parish of Caversham, in the County of Oxford:" "An Act to dissolve the Marriage of Josiah Smith with Elizabeth his Wife, and to enable him to marry again; and for other Purposes:" "An Act for naturalizing Echardt Martin Metté." And albeit the said Acts by you Our said Subjects, the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts; And for as much as for divers Causes and Considerations We cannot conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the accustomed Place for giving Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects, the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing that the said Acts, and every Article, Clause, Sentence and Provision therein contained, from henceforth shall be of the same Strength, Force and Effect, as if We had been personally present in the said Higher House, and had openly and publicly, in the Presence of you all, assented to the same: And We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern; Commanding also by these Presents Our well-beloved and faithful Councillor Henry Lord Brougham and Vaux, Our Chancellor of that Part of Our United Kingdom of Great Britain and Ireland called Great Britain, to seal these Our Letters Patent with Our Great Seal of Our United Kingdom of Great Britain and Ireland; and also commanding Our most dear Brothers and faithful Councillors Ernest Duke of Cumberland, Augustus Duke of Sussex, Adolphus Duke of Cambridge; Our most dear Cousin and faithful Councillor William Frederick Duke of Gloucester; The Most Reverend Father in God and Our faithful Councillor William Archbishop of Canterbury, Primate and Metropolitan of all England; Our well-beloved and faithful Councillor Henry Lord Brougham and Vaux, Chancellor of that Part of Our United Kingdom of Great Britain and Ireland called Great Britain; Our most dear Cousin and Councillor Henry Marquess of Lansdowne, President of Our Council; Our wellbeloved and faithful Councillor John George Lord Durham, Keeper of Our Privy Seal; Our most dear Cousins and Councillors William Spencer Duke of Devonshire, Chamberlain of Our Household; Charles Duke of Richmond, George William Frederick Duke of Leeds, William Henry Duke of Portland, Arthur Duke of Wellington, Richard Duke of Buckingham and Chandos, Richard Marquess Wellesley, Steward of Our Household; Charles Marquess of Winchester, John Jeffreys Marquess Camden, Henry William Marquess of Anglesey, John Earl of Westmorland, George Earl of Carlisle, Cropley Ashley Earl of Shaftesbury, George Earl of Aberdeen, William Earl Fitzwilliam, George John Earl Spencer, John Earl of Chatham, Henry Earl Bathurst, Charles Earl Grey, John Earl of Eldon, John William Earl of Dudley, William Viscount Melbourne, Robert Viscount Melville, Henry Viscount Sidmouth, Frederick John Viscount Goderich; Our well-beloved and faithful Councillors Henry Richard Lord Holland, William Wyndham Lord Grenville, Edward Lord Ellenborough, Nicholas Lord Bexley, John Singleton Lord Lyndhurst and Charles Lord Tenterden, or any Three or more of them, to declare and notify this Our Royal Assent in Our Absence in the said Higher House, in the Presence of you, the said Lords and Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words, in Our Name, as is requisite and hath been accustomed for the same, and also to enrol these Our Letters Patent, and the said Acts, in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf: And finally, We do declare and will, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted and admitted good, sufficient and perfect Acts of Parliament and Laws, to all Intents, Constructions and Purposes, and to be put in due Execution accordingly, the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things to the contrary thereof notwithstanding. In Witness whereof We have caused these Our Letters to be made Patent.

Witness Ourself at Westminster, the Third Day of April, in the Second Year of Our Reign.

By the King Himself, signed with His own Hand.

"Bathurst."

Then The Lord Chancellor said,

"In obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, We do declare and notify to you, the Lords Spiritual and Temporal, and Commons, in Parliament assembled, That His Majesty hath given his Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same in the usual Form and Words."

Then the Clerk Assistant, having received the Money Bill from the Hands of the Speaker, brought it to the Table, where the Additional Clerk Assistant read the Title of that and the other Bills to be passed, severally, as follow; (vizt.)

1. "An Act for granting to His Majesty, until the Tenth Day of October One thousand eight hundred and thirty-two, certain Duties on Sugar imported into the United Kingdom, for the Service of the Year One thousand eight hundred and thirty-two."

To this Bill the Royal Assent was pronounced by the Clerk Assistant, in these Words; (vizt.)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

2. "An Act to amend several Acts relating to London Bridge and the Approaches thereto."

3. "An Act for making and maintaining a Reservoir upon Bradshaw Brook, in the Townships of Turton and Entwisle, in the Parish of Bolton-le-Moors, in the County of Lancaster, for providing a more regular Supply of Water in Bradshaw Brook aforesaid, and in certain Rivers connected therewith."

4. "An Act for better supplying with Water the Borough of Preston, and Part of the Township of Fishwick adjoining thereto, in the Parish of Preston, in the County Palatine of Lancaster."

5. "An Act to alter, amend, enlarge and extend the Powers of several Acts passed in the Ninth and Tenth Years of the Reign of His late Majesty King George the Fourth, for making and maintaining the Clarence Railway."

6. "An Act to equalize the Ecclesiastical Burthens of the Parish of Saint Mary, Islington, in the County of Middlesex; for partially altering the Application of the Rents and Profits of the Stone Fields Estate within the said Parish; for letting the Pews in the Parish Church of Saint Mary, Islington, and the Chapel of Ease thereto; and for other Purposes connected therewith."

7. "An Act for more effectually repairing the Road from the Sessions House in the Town of Buckingham to Hanwell, in the County of Oxford."

8. "An Act for more effectually repairing and improving the Roads leading from Barton Bridge into the Manchester and Altrincham Turnpike Road, in the County of Lancaster."

9. "An Act for more effectually repairing and improving the Road from the Town of Cockermouth to the Town of Workington, and a Branch of Road over Broughton High Bridge unto and as far as the Public Highway leading from the Village of Papcastle towards and unto the Village of Great Broughton, in the County of Cumberland."

10. "An Act for more effectually repairing and improving the Road from Odiham, in the County of Southampton, to Farnham, in the County of Surrey."

11. "An Act for more effectually repairing the Road leading from Berwick-upon-Tweed, by Ayton Bridge and Ayton, to Dunglas Bridge, and the Roads from Billie Causeway and Preston Bridge to join the said Road at or near Houndwood House and Bankhouse respectively, in the County of Berwick."

12. "An Act for more effectually repairing and improving the Road leading from the Alfreton Turnpike Road near Mansfield, through Tibshelf and Morton, to the Nottingham Turnpike Road near Tansley, and other Roads connected therewith, in the Counties of Nottingham and Derby."

13. "An Act for repairing the Road from Birmingham (through Elmdon) to Stonebridge, in the County of Warwick."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (vizt.)

"Le Roy le veult."

14. "An Act for inclosing Lands in the Parish of Caversham, in the County of Oxford."

15. "An Act to dissolve the Marriage of Josiah Smith with Elizabeth his Wife, and to enable him to marry again; and for other Purposes."

16. "An Act for naturalizing Echardt Martin Metté."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (vizt.)

"Soit fait comme il est desiré."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Election of Peers for Scotland, Papers respecting, delivered, & referred to Com ee on the Subject.

The Duke of Richmond laid before the House, pursuant to an Order of the 20th of March last,

"Authentic Copies of the Minutes of the Proceedings at all Elections of Representative Peers for Scotland since the Year 1822."

And the Title thereof being read by the Clerk;

Ordered, That the said Paper do lie on the Table.

Ordered, That the said Paper be referred to the Select Committee relating to Elections of Peers for Scotland.

Orders in Council under Cholera Prevention Acts delivered.

The Lord President laid before the House, pursuant to the Directions of several Acts of Parliament,

"Order of the Lords of the Council directing the Payment of a certain Sum of Money by the Parish Officers of Christchurch, Surrey; and, Order of the Lords of the Council directing that Surgeons shall be provided for certain Vessels sailing to His Majesty's Possessions in North America, and to the United States of America, from Ports in England, issued under the Cholera Prevention Act, and dated respectively 28th March 1832:"

And also, "Order of the Lords of the Council directing that Surgeons shall be provided for certain Vessels sailing to His Majesty's Possessions in North America, and to the United States of America, from Ports in Scotland, issued under the Cholera Prevention Act, (Scotland,) dated 28th March 1832."

And the Titles thereof being read by the Clerk;

Ordered, That the said Papers do lie on the Table.

Ordered, That the said Papers be printed.

Parliamentary Representation, Paper respecting, Ordered.

Ordered, That there be laid before this House, "A Statement of the Population and Assessed Taxes of each Town in England and Wales having more than Two thousand Inhabitants, which does not now return Members to the House of Commons, and to which it is not proposed to give that Right by the Bill to amend the Representation of the People of England and Wales."

Reform of Parliament, Petition from Lonsdale against.

Upon reading the Petition of the Gentry, Clergy, Freeholders and others of the Hundred of Lonsdale, North and South of the Sands, in the County Palatine of Lancaster, whose Names are thereunto subscribed; praying, "That their Lordships will add another Proof of their good Wishes for the Welfare of their Country, either by rejecting altogether the Measure of Reform now in Progress, or by making such Alterations therein as will leave our Constitution unimpaired, and continue to us the Blessings which we have hitherto enjoyed:"

It is Ordered, That the said Petition do lie on the Table.

Reform (England) Bill, Petition of The University of Oxford against.

Upon reading the Petition of The Chancellor, Masters and Scholars of the University of Oxford, under their Common Seal; taking notice of a Bill depending in this House, intituled, "An Act to amend the Representation of the People in England and Wales;" and praying, That the same may not receive the Sanction of their Lordships:"

It is Ordered, That the said Petition do lie on the Table.

Marine Mutiny Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act for the Regulation of His Majesty's Royal Marine Forces while on Shore;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordnance Department Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act to extend and render more effectual Two Acts of the First and Second and Third Years of His late Majesty King George the Fourth, respecting the Estates thereby vested in the principal Officers of the Ordnance; and to facilitate the Public Business in the Ordnance Department;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Cholera Prevention (Scotland) Amendment Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act for altering and amending an Act passed in the present Session of Parliament, for the Prevention, as far as may be possible, of the Disease called the Cholera, or Spasmodic or Indian Cholera, in Scotland;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Tithes, (Ireland,) Petitions for Abolition of: (Ballymacormick &c:)

Upon reading the Petition of the Inhabitants of the United Parishes of Ballymacormick and Templemichael, in the County of Longford, Ireland, whose Names are thereunto subscribed; praying their Lordships "to consign the Tithe System of Ireland to that Destiny which it has so long and undeniably deserved-to Destruction:"

It is Ordered, That the said Petition do lie on the Table.

Athboy, &c:

Upon reading the Petition of the Landholders of the United Parishes of Athboy, Rathmore and Girly, whose Names are thereunto subscribed; praying their Lordships "to relieve Ireland from a Continuance of Miseries which arise out of the Tithe System, and, by its Abolition, ensure to the Petitioners Peace and Happiness:"

It is Ordered, That the said Petition do lie on the Table.

Syddan, &c:

Upon reading the Petition of the Landholders of the United Parishes of Syddan, Mitchelstown, Killeary and Ennismoth, County Meath, whose Names are thereunto subscribed; praying, "That their Lordships will take the Tithe System of Ireland into their gracious Consideration, and render such Relief unto the Petitioners as to their Lordships shall seem meet:"

It is Ordered, That the said Petition do lie on the Table.

Navan.

Upon reading the Petition of the Landholders and Inhabitants of the Parish of Navan, in the County of Meath, whose Names are thereunto subscribed; praying, "That their Lordships may transfer the whole of the Church Property of Ireland to His Majesty's Exchequer, from whence the Established Church may be adequately supported; that the Church Lands, as the Living shall be vacated, may be applied generally to the Diminution of the National Burdens; and that the Tithes, universally levied under the Composition Act, may be restored according to the original Intention for which they were made and provided:"

It is Ordered, That the said Petition do lie on the Table.

Reform of Parliament, Petition from Kilmesson in favor of.

Upon reading the Petition of the Inhabitants of the Parish of Kilmesson, in the County Meath, Ireland, whose Names are thereunto subscribed; praying their Lordships "to grant to Ireland a Measure of Reform in the Representation of the People in the Commons House of Parliament as full, as efficient and as extensive as to England:"

It is Ordered, That the said Petition do lie on the Table.

Juries (Ireland) Bill referred to a Select Com ee.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for consolidating and amending the Laws relative to Jurors and Juries in Ireland;" and for the Lords to be summoned;

It was moved, "That the House do now resolve itself into a Committee upon the said Bill."

Which being objected to;

After short Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed.

It was moved, "That the said Bill be referred to a Select Committee to consider and report."

The Question was put thereupon?

It was resolved in the Affirmative.

Ordered, That the Lords following be appointed a Select Committee to consider the said Bill, and report thereupon to the House:

Their Lordships, or any Five of them, to meet Tomorrow, at Three o'Clock in the Afternoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Agricultural Labourers Employment Bill, Report put off for 6 Months.

The Order of the Day being read for receiving the Report of the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for encouraging and facilitating the Employment of Labourers in Agriculture;" and for the Lords to be summoned;

It was moved, "That the said Report be received on this Day Six Months."

The same was agreed to; and Ordered accordingly.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Friday next.

Manchester Improvement Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for widening and improving a Part of London Road, in the Parish of Manchester and County of Lancaster; and also for effecting Improvements in the Streets and other Places within the Town of Manchester."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

British Commercial Insurance Co's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable The British Commercial Insurance Company to sue and be sued in the Name of One of the Directors or of the Secretary for the Time being of the Company."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the 2 preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Trower and Mr. Farrer;

To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.

Belfast Railway Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making and maintaining a Railway from the Cave-Hill to the Harbour of Belfast, in the County of Antrim."

The Question was put, "Whether this Bill, with the Amendments, shall pass?"

It was resolved in the Affirmative.

Message to H.C. with Amendments to it.

A Message was sent to the House of Commons, by the former Messengers;

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with some Amendments, to which their Lordships desire their Concurrence.

Colonial Revenues Audit Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to authorize the Commissioners for auditing the Public Accounts of Great Britain to examine and audit Accounts of the Receipt and Expenditure of Colonial Revenues."

Ordered, That the said Bill be committed to a Committee of the Whole House.

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Sentence of Death Explanation Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain an Act passed in the Fourth Year of His late Majesty King George the Fourth, for enabling Courts to abstain from pronouncing Sentence of Death in certain Capital Felonies."

Ordered, That the said Bill be committed to a Committee of the Whole House.

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Macdougall's Petition referred to Judges.

Upon reading the Petition of Alexander Macdougall of Streatham, in the County of Surrey, Esquire; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Gaselee and Mr. Justice Bosanquet, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Bp. Lincoln et al. v. Rennell.

Ordered, That the Cause wherein George Lord Bishop of Lincoln, and others, are Plaintiffs, and Frances Henrietta Rennell Widow is Defendant, be taken into further Consideration on the 14th of this instant April; and that the Judges do then attend to deliver their Opinion upon the Question of Law propounded to them on the 10th of June 1830.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, quartum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.